| dc.description.abstract | Following Russia’s invasion of Ukraine, the European Union (EU) made a historic decision to activate the Temporary Protection Directive (TPD) for Ukrainian refugees. The directive had never been activated before and was even declared obsolete by the EU. The activation grants individuals fleeing the war in Ukraine immediate and temporary protection, including rights such as residence permits, employment access, and medical care. Negotiations in the EU were remarkably efficient, as the European Commission proposed the TPD activation on 2 March 2022, and the Council adopted it unanimously just two days later, on 4 March 2022. This raises the question of why the TPD was not previously activated during past instances of significant refugee flows to Europe. This study explores the following research question: “Why was the Temporary Protection Directive activated in regard to the refugee flow from Ukraine in 2022, and why was the same directive not activated in regard to the refugee flow from Syria in 2015?”. Literature published prior to the activation of the TPD in 2022, links its non-activation in 2015 to concerns over lengthy procedures, voting challenges, pull factors, and the level of associated rights. However, the swift and unanimous activation of the TPD in 2022 demonstrates that the directive was not activated in 2015 largely due to a lack of political will. Through a comparative case study based on document analysis and interviews, this study points to that migration policies continue to be laced with intergovernmentalism. The reluctance to accept refugees among Central European governments posed obstacles to the activation of the TPD in 2015, while their support became crucial for its activation in 2022. However, the highly polarized political climate in 2015 demonstrated that support for the TPD would not have been obtained from other member states during that time either. Furthermore, demands to exclude third-country nationals and stateless persons from the scope of the TPD in 2022, demonstrate a general preference for certain types of refugees. Importantly, this study has also found that the Commission's proactive approach in 2022 reinforced the perception that the TPD was the appropriate measure to address the Ukrainian refugee crisis. Additionally, geo-political factors, such as the Ukraine-EU visa deal and the perceived direct threat against Europe, facilitated the activation of the TPD in 2022, whereas the absence of these factors in 2015 hindered its activation. | |
